Florida Patient's Compensation Fund v. Wasser, s. 87-1820

Citation14 Fla. L. Weekly 1429,545 So.2d 924
Decision Date14 June 1989
Docket Number87-2555,Nos. 87-1820,s. 87-1820
CourtCourt of Appeal of Florida (US)
Parties14 Fla. L. Weekly 1429 FLORIDA PATIENT'S COMPENSATION FUND, Max W. Wilson, M.D., and Wilson, Meigs, Mastriole & Sutherland, M.D.'S, P.A., Appellants, v. Doris WASSER, as Personal Representative of the Estate of Jacob Wasser, Appellee.

RIVKIND, LEONARD, Associate Judge.

Appellant's motion for rehearing is granted. The opinion of March 15, 1989, is withdrawn, and we substitute the following opinion.

Appellee, Doris Wasser (Wasser), as personal representative, brought a wrongful death action against appellants, Max W. Wilson, M.D. (Wilson), Wilson, Meigs, Mastriole & Sutherland, M.D.'s, P.A. (Wilson), and Florida Patient's Compensation Fund (Fund), alleging medical malpractice. The jury returned a verdict awarding $4,367.05 to the estate and $90,000 to Wasser. Attorney's fees, in the amount of $101,700, and costs, in the amount of $7,753.80, were awarded to Wasser. These fees and costs were imposed by the trial court against Wilson and the Fund. The trial court clarified the final judgment to hold that the Fund was responsible for that portion of the judgment exceeding $100,000, Wilson's underlying insurance coverage.

The main issue to be decided by these consolidated appeals is whether the Fund or Wilson's primary carrier is responsible for Wasser's attorney fees. The parties agreed at oral argument that the language of the policy provisions of the primary carrier for Wilson was identical to the provisions we interpreted in Sitomer. Florida Patient's Compensation Fund v. Sitomer, 524 So.2d 671 (Fla. 4th DCA 1988). All parties concur that the Fund is not liable for legal fees according to Sitomer. We held in Sitomer that the language of the health care provider's underlying coverage was "sufficient to include the payment of attorney's fees," thereby precluding liability to the Fund. Sitomer, 524 So.2d at 676.

In deference to the trial judge, the final judgment entered in this case was prior to the...

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4 cases
  • Orlando Regional Medical Center, Inc. v. Chmielewski, s. 89-691
    • United States
    • Florida District Court of Appeals
    • December 6, 1990
    ...Medical Center, Inc. v. Poole, 547 So.2d 1258 (Fla. 1st DCA 1989), rev. denied, 558 So.2d 19 (Fla.1990); Florida Patient's Compensation Fund v. Wasser, 545 So.2d 924 (Fla. 4th DCA 1989), affirmed in part, quashed in part sub nom. Wilson v. Wasser, 562 So.2d 339 (Fla.1990). The absence of th......
  • Inacio v. State Farm Fire & Cas. Co.
    • United States
    • Florida District Court of Appeals
    • September 26, 1989
    ...v. Poole, 547 So.2d 1258 (Fla. 1st DCA, 1989); Florida Patient's Compensation Fund v. Mox ley, 545 So.2d 922 (Fla. 4th DCA), on reh'g, 545 So.2d 924 (1989); Quanstrom v. Standard Guaranty Insurance Co., 519 So.2d 1135 (Fla. 5th DCA 1988). For the cogent reasons expressed by the United State......
  • Wilson v. Wasser
    • United States
    • Florida Supreme Court
    • June 7, 1990
    ...Steven K. Deutsch, of Deutsch & Blumberg, P.A., Miami, for respondent. PER CURIAM. We have for review Florida Patient's Compensation Fund v. Wasser, 545 So.2d 924 (Fla. 4th DCA 1989). Having accepted review of Florida Patient's Compensation Fund v. Sitomer, 524 So.2d 671 (Fla. 4th DCA 1988)......
  • Wilson v. Wasser
    • United States
    • Florida Supreme Court
    • September 26, 1989
    ...467 550 So.2d 467 Wilson (Max W., M.D.) v. Wasser (Doris) NO. 74,407 Supreme Court of Florida. SEP 26, 1989 Appeal From: 4th DCA 545 So.2d 924 Accepting ...

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